United States v. Edward A. Thomas

The issue in this case is whether Edward A. Thomas, a Montana hunting guide and outfitter, may be found guilty by jury of two counts of conspiracy to violate the Lacey Act, 16 U.S.C. §§ 3371 et seq. The alleged object of the conspiracy was “to transport, receive and acquire elk in interstate commerce ... in violation of Montana state hunter’s law.” Although this court has previously established that a prosecution under the Act may not properly be had for the substantive acts of selling guiding services and hunting permits, United States v. Stenberg, 803 F.2d 422 (9th Cir.1986), the issue of whether prosecution may be maintained for conspiracy to violate the Act through such acts has not yet been decided by this court.

The Lacey Act prohibits transportation or acquisition in interstate commerce of wildlife in violation of state, tribal and federal wildlife laws. A United States District Court found Thomas guilty of conspiracy to violate the Act, imposed a fine upon him, sentenced him to three years probation, and required him to forfeit all hunting, fishing, trapping and guiding privileges during the probation period.

Thomas contends that the Lacey Act does not apply to…